CompFox AI Summary
The Appeals Board denied the Defendant's Petition for Removal, adopting the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The defendant argued that the trial order violated due process by preventing discovery, specifically a PQME report. However, the Board found no sufficient showing of harm or that reconsideration would be inadequate, especially considering issues with the defendant's service of discovery objections. The case proceeded to trial on issues of injury AOE/COE and TTD, despite the defendant's contentions.
Full Decision Text1 Pages
The Appeals Board denied the Defendant's Petition for Removal, adopting the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The defendant argued that the trial order violated due process by preventing discovery, specifically a PQME report. However, the Board found no sufficient showing of harm or that reconsideration would be inadequate, especially considering issues with the defendant's service of discovery objections. The case proceeded to trial on issues of injury AOE/COE and TTD, despite the defendant's contentions.
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